BHAGYADHAR DASH Vs. CHAIRMAN, PARADIP PORT TRUST

JUDGEMENT

(1.) Aggrieved by the action of the opposite parties in forfeiting the earnest money deposit (hereinafter referred to as "the EMD") of Rs.1,00,000/- and blacklisting him from participating in any tender of the Paradip Port Trust, the petitioner has filed the present writ petition.

(2.) Sans details, the short facts of the case of the petitioner is that he is a contractor. Pursuant to the tender call notice issued by the Executive Engineer, Port Railway Division, Paradip Port Trust-opposite party no.2 for construction of third High level Bridge over Atharbanki Creek with Approach Road, he submitted the bid and deposited a sum of Rs.1,00,000/- towards EMD along with other documents. He was not qualified in the bid. Accordingly, it was cancelled, but then the EMD was not returned to him. He made a representation on 2.1.2014 to the Chairman, Paradip Port Trust-opposite party no.1 with a copy to the opposite party no.2 requesting them to refund his EMD, vide Annexure-1. While the matter stood thus, the opposite party no.2 sent a letter to the petitioner on 19.2.2014, vide Annexure-2, that the application dated 2.1.2014 needs no consideration.

(3.) Pursuant to issuance of notice, the opposite parties have filed their counter affidavit. The sum and substance of the case of the opposite parties is that on 5.8.2009, a tender was floated by the Port Railway Division, Paradip Port Trust for construction of third High Level Bridge over Atharbani Creek with Approach Road. The petitioner participated in the said tender. As per the tender condition, he had submitted the EMD of Rs.1,00,000/- along with technical bid and price bid. In the technical bid, he had submitted his experience certificate in similar works from the Executive Engineer, Baliguda R & B Division. As per the work certificate, the cost of the work was Rs.2,32,78,945/-, but during verification, the Executive Engineer, Baliguda R & B Division confirmed that the petitioner had executed the work value of Rs.1,20,11,682/-. Thus, the certificate submitted by the petitioner was found to be false. Relying on Clause-34 of the tender condition and Section 4 of the Integrity Pact, vide Annexure-A series, the petitioner was blacklisted and his EMD was also forfeited. It is further stated that the opposite party no.2 communicated a letter dated 19.1.2010, vide Annexure-C, to the petitioner stating therein that his EMD was forfeited and he was blacklisted from participating in any tender of the Paradip Port Trust.